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1. What is meant by "probating a will"?

"Probating a will" means taking the legal steps necessary to assure a will is valid and to admit the will to probate.

2. Is there a fee for depositing a will? What does that mean?

There is no fee. To deposit a will means to place it with the Clerk for safekeeping.

3. May a will be deposited with the Court for safekeeping if the testator (will maker) is still alive?

No, it may not.

4. Why must the Clerk keep the original? What if I need the original?

The law requires the original to be placed on deposit. The Clerk can make a certified copy of the will for a fee, which, for all legal purposes, takes the place of the original.

5. What is meant by "estate"?

"Estate" refers to all property of a deceased person subject to a probate action.

6. What is meant by "probating an estate"?

"Probating an estate" is a legal process which determines the value of a deceased person's property and its distribution to heirs pursuant to Florida law.

7. Where do probate proceedings take place?

Proceedings take place in the Circuit Court of the county where the decedent was domiciled or owned property.

8. Why is probate necessary?

Probate provides a method of converting assets to cash to be distributed to beneficiaries, or to pay creditors/taxes. Also, probate legally transfers ownership of real property. Probate determines who is entitled to share in the estate and to distribute the property to the proper parties.

9. What happens if a person dies and has left no will?

Without a will, the deceased's property is distributed in accordance with Florida law.